John Whitehead's Commentary

I've been asked often where did the brave men I was privileged to serve with in North Vietnam draw the strength to resist to the best of their abilities the cruelties inflicted on them by our enemies. They drew strength from their faith in each other, from their faith in God and from their faith in our country. Our enemies didn't adhere to the Geneva Conventions. Many of my comrades were subjected to very cruel, very inhumane and degrading treatment, a few of them unto death. But every one of us--every single one of us--knew and took great strength from the belief that we were different from our enemies, that we were better than them, that we, if the roles were reversed, would not disgrace ourselves by committing or approving such mistreatment of them. That faith was indispensable not only to our survival, but to our attempts to return home with honor. For without our honor, our homecoming would have had little value to us.--Senator John McCain

In early October, Sen. John McCain (R-Ariz.) introduced what is being referred to as anti-torture legislation into the Senate. This legislation, which passed 90-9 in the Senate, prohibits "cruel, inhumane or degrading treatment or punishment." It also establishes the techniques listed in the Army field manual on interrogation as the standard for the interrogation of prisoners. In addition, the proposed law demands that all foreign detainees in the custody of the U.S. be registered with the International Committee of the Red Cross in an attempt to prevent holding "ghost detainees."

After abuses of detainees in the Abu Ghraib prison made headlines in April 2004, it became clear that the U.S. had a severe problem regarding the treatment of its enemy combatants. Besides embarrassing the United States, the situation at Abu Ghraib made many around the world question America's commitment to human rights. Indeed, the reports of American soldiers stripping prisoners naked, threatening them with dogs, forcing them to pose in degrading and humiliating positions and conducting mock executions in front of them shocked the conscience of America. However, Human Rights Watch, a watchdog organization, stated that Abu Ghraib was not the only case of U.S. torture. Rather, it was simply "the tip of the iceberg." The group reported that violations of prisoners' rights have also occurred in Iraq and Guantánamo Bay. In addition, it has now been revealed that the CIA has created "black sites," areas where they can secretly torture detainees in order to avoid bad publicity, throughout Eastern European countries.

Knowing firsthand the injustice of torture, Sen. McCain decided to try to rectify the problem. However, his legislation is not a novel idea. 1948's Universal Declaration of Human Rights, to which the U.S. was a participant, prohibited the use of torture. In addition, during the Reagan Administration, the United States negotiated and ratified the Convention Against Torture. But the current presidential administration has taken a narrow reading of those agreements and declared that they do not apply to foreigners held outside the U.S. In effect, the Bush Administration is saying that the United States has the right to torture non-Americans so long as they are not on U.S. soil. As such, the U.S. is the only country to openly claim a right to torture individuals. Sen. McCain's legislation attempts to close the loophole created by the Bush Administration.

McCain's legislation is a public statement of values already existing in America. We are a nation built on the notion that all people are created equal, and the U.S. government has long been a supporter of human rights activism. Therefore, one would expect the legislation to pass with ease. However, this is not the case. The Bush Administration is adamant in its opposition to the bill. The argument is that this legislation would interfere with the President's ability "to protect Americans effectively from terrorist attack."

The Bush Administration is so vehemently opposed to McCain's legislation that a presidential veto has been threatened if the bill passes in the House, which would be Bush's first use of the veto. The President's veto of a bill that upholds America's commitment to human rights would send a sad message to the world. Vice President Cheney has gone so far as to propose legislation that would, rather than outlawing torture, legalize its use by the CIA by exempting CIA officials from McCain's bill. This is being proposed despite the allegation about CIA "black sites." In a meeting with the Vice President, McCain rejected the proposed exemption. Cheney's actions have led many to claim that he will be remembered as the Vice President who championed torture.

The paradox is that at least some in the CIA are not as enthusiastic as the Bush Administration about conducting torture during interrogations. As Larry C. Johnson, a former CIA agent, writes in the Los Angeles Times: "During the past few months, I have spoken with three good friends who are CIA operation officers, all of whom have worked on terrorism at the highest levels. They all agree that torturing detainees will not help us. In fact, they believe that it will hurt us in many ways."

Concerned organizations and public officials have called on President Bush and the members of Congress to uphold the United States' century-old policy of prohibiting torture. Among them were retired military officials, Amnesty International USA, First Amendment Foundation, Bill of Rights Defense Committee, American Library Association, the Presbyterian Church (USA) and The Rutherford Institute. The letter not only requests that torture practices be outlawed, but also emphasizes the fact that torture is not a productive way to gather information. The information obtained through torture is not always legitimate. In addition, the use of torture damages our country's reputation among the international community, discourages other countries from supporting our efforts to combat terrorism, fuels hatred for the U.S. and allows governments around the globe that are known for human rights abuses to cite the U.S. as a justification for their unacceptable actions. As Sen. McCain has said, "This mistreatment of prisoners harms us more than our enemies."

The September 11th attacks were not merely attacks against our country, but against our society and the morals we claim to uphold. McCain states, "We fight not just to preserve our lives and liberties but also American values... we must never fight evil with evil." The worth of the individual was clearly stated at the founding of our government when Thomas Jefferson wrote that all men are created equal and "they are endowed by their Creator" with certain absolute rights--such as life, liberty and the pursuit of happiness. Using torture methods destroys all the values the United States claims to uphold. If we continue to do so, it will not be terrorists who destroy us, but ourselves.

We should not, and cannot, become like the terrorists we fight. "I don't mourn the loss of any terrorist's life. Nor do I care if in the course of serving their ignoble cause they suffer great harm," McCain writes in a recent issue of Newsweek. "What I do mourn is what we lose when by official policy or crucial neglect we allow, confuse or encourage our soldiers to forget that best sense of ourselves, that which is our greatest strength--that we are different and better than our enemies, that we fight for an idea, not a tribe, not a land, not a king, not a twisted interpretation of an ancient religion, but for an idea that all men are created equal and endowed by their Creator with inalienable rights."

America claims to be a leader of human rights, believing ourselves to be a model to the world. Sen. McCain elaborates, "We are American, and we hold ourselves to humane standards of treatment of people no matter how evil or terrible they may be. To do otherwise undermines our security, but it also undermines our greatness as a nation. We are not simply any other country. We stand for something more in the world--a moral mission, one of freedom and democracy and human rights at home and abroad." In order to remain a great country, we must hold ourselves to higher standards. Simply justifying the use of torture by saying our enemies would do the same to us is unacceptable. If we continue to torture, this country will have no right to call itself a champion of human rights. The United States must take the stance that no country, ourselves included, has the right to violate the worth and dignity of another human being.

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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